Queensland Consolidated Acts

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DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SECT 131

Enforcement of undertakings

131 Enforcement of undertakings

(1) If the chief executive reasonably believes the person who gave the undertaking has contravened a term of an undertaking, the chief executive may apply to the District Court for an order under this section.
(2) If the District Court is satisfied that the person has contravened the term, the court may make 1 or more of the following orders—
(a) an order directing the person to comply with the term;
(b) an order directing the person to pay to the State an amount that is not more than the direct or indirect financial benefit obtained by the person from, and reasonably attributable to, the contravention;
(c) an order directing the person to pay compensation to another person who has suffered loss or damage because of the contravention;
(d) an order directing the person to give a security bond to the State for a stated period;
(e) another order the court considers appropriate.
(3) The District Court may order the forfeiture to the State of all or part of a security bond given by a person under subsection (2) (d) if—
(a) the chief executive applies to the court for the order; and
(b) the court is satisfied that the person contravened the undertaking during the period for which the bond was given.



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